"My gun jammed..."

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I would be irritated that I had trouble getting the gun out. I would also be irritated that it jammed. Sounds like he needs more practice and a more efficient way of storing the gun.

By the way, I like how they included the fact that the gun the kid had was actually a STOLEN gun, not a gun he just bought at Joe's gun shop.
 
I don't know what the standard is in S.C. but chances are the attackers had already committed a felony by breaking down the door.
I'm not entirely sure how that enters into it. The underlying basis of deadly force laws has to do with preventing certain felonies, not with meting out punishment to someone who may have committed a felony.

That having been said, in many "castle doctrine" jurisdictions, it would be lawful to use deadly force if someone were trying to break in to one's home, and properly so, in my opinion. Internet bravado aside, however, the shooter would not celebrate afterwards, particularly if the invader turned out to be an innocent person, for example, one trying to come to the aid of the shooter who had been thought to have needed immediate assistance.

In my experience, the point of a gun and a little industrial strength coaching has, very fortunately for all concerned, saved the day and many days afterwards.
 
I'm not entirely sure how that enters into it.

It's simple. If a violent felony is in progress (e.g. an attacker has broken down the door and is reaching in), and you are in a jurisdiction where stopping a [violent] felony is justification for use of deadly force, then you would would be legally justified to use deadly force. Logical, no?

I don't know castle doctrine as it's currently used, but under California law, if you shot someone who had busted down your door and was in the process of entering, it would be considered justified under the letter and spirit of the law. I assume (because I don't care enough to research) that South Carolina is somewhat more liberal than California when it comes to deadly force justification...if that assumption is correct, then this would be just as justified in SC as it is in CA.
 
...under California law, if you shot someone who had busted down your door and was in the process of entering, it would be considered justified under the letter and spirit of the law.
No argument.

The comment had been that it was likely that the invader "had already committed a felony by breaking down the door." No argument there, either, but that is irrelevant.

Whether or not someone has already committed a felony is not at all relevant to a justification defense that would hinge upon whether one had entered a domicile with the intent to commit a felony.

That said, it does not mean that there is not a viable justifcation defense under the circumstances, IMHO.
 
Should we assume 'a duty to warn' as part of our plan for handling an event of this nature?

I tried to touch on this point back on the first page as well. The very worst thing that can happen is you announce your presence and are forced to shoot because the Bad Guy points a weapon in your direction (actually, the worst thing that happens is that you get shot and killed, but ideally you don't announce yourself until you've got your target in your sights and are in a position of advantage). The very best thing that can happen is your drunk friend says "Hey, don't shoot! It's me!", or the Bad Guy gets wise and runs away and you get to go to sleep without having injured, maimed or killed anyone.

Because, let's be realistic, the fantasy of violence is a lot cleaner and easier on the conscience than the real thing.
 
The comment had been that it was likely that the invader "had already committed a felony by breaking down the door."

I'm not going to go back through the thread but I suspect I said that... and I don't see it as irrelevant. I also didn't intend it the way you are reading it so I figure we're both right from our particular points of view.

Most self defense situations involve a lot of gray.

Is a person that looms over you threatening you? How about if they are yelling at you? If they make a fist? One reasonable person may say that those acts are clear reasons to fear for your life and justify self defense. Another reasonable person may say that yelling and looming happen often in day to day life, people make fists due to joint pain, and that those very rarely result in violence and so are not cause for fear or justification of self defense. Gray.

If, on the other hand, you have someone who has already committed a felony...a violent felony...by smashing your door down, breaking things in the process, and is reaching in (I'm not sure in the story why...were they trying to open the door from the inside?) you have clear evidence, the fact that they have already committed -- are in the state of committing -- felonies, to indicate that this is not a normal social interaction. You aren't just dealing with someone who doesn't understand about inside voices and personal space.

That seems VERY relevant to me.
 
If, on the other hand, you have someone who has already committed a felony...a violent felony...by smashing your door down, breaking things in the process, and is reaching in (I'm not sure in the story why...were they trying to open the door from the inside?) you have clear evidence, the fact that they have already committed -- are in the state of committing -- felonies, to indicate that this is not a normal social interaction. You aren't just dealing with someone who doesn't understand about inside voices and personal space.

That seems VERY relevant to me.

If what you are saying is that the intruder's actions help to indicate that he poses an immediate and serious danger to you, we are in agreement. In fact, that is the underlying principle of the castle doctrine wherever it exists. His intent is presumed to be evidenced by the fact of his unlawful forcible entry, and you need not retreat.

My point was that the fact that he has committed a felony would not in itself justify the use of deadly force--for example, if he has knocked your door down and upon seeing you he turns to leave, any such justification ceases to exist.
 
Here's an ol' boy that gives no more thought to HS/SD than locking the doors before he goes to bed....most of the time. There are millions of Americans just like him. He likely doesn't have the benefit of being tutored by fine internet lawyers represented here. He's got a shotgun that's loaded with birdshot because that's what he uses it for. This wasn't a SD shotgun, it was the shotgun that he kept in a case under the bed. It just turned into a SD shotgun by necessity.

I wonder if some of you lawyer types here realize just how silly you sound. The ideas you propose will somehow have to be translated to questions asked by a prosecutor or plaintiff attorney. What question couldn't be answered with, "I feared for my life." What question could possibly resonate with a jury instead of an embarrassed snicker at the dumbass lawyer asking the question.
"Mr. Clary, why didn't you wait until the BG had completely entered your house before you fired?"
"How did you know it wasn't nun selling cookies?"
"How did you know there was a person behind the door and not simply a prosthetic arm that had been left there?
"Were you 100% sure of what was behind the door?"

I think some of you watch a little too much "Boston Legal" and "Law and Order".

NRA safety rules do not carry the force of law.
 
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moral of the story

The moral of the story is that when you break into someone else's home for any purpose, you might get shot. If you were committing this crime on accident or for a good reason, then boohoo, sorry.
 
What question couldn't be answered with, "I feared for my life."
Doesn't matter. One can say he was in fear, but unless a shooter can provide evidence that a "reasonable person" would have believed at the time that deadly force was immediately necessary, he will have a problem, starting with instructions to the jury to not consider whether the use of force was justified.

But in the home invasion scenario and castle doctrine jurisdiction described here, that evidence seems very clear indeed. The only question that should be pertinent is whether someone had in fact been attempting to break in unlawfully and with force.

To me, based on what was described, there doesn't seem to be much question at all about the shooting having been justified in that jurisdiction (lay opinion). However, there was the possibility that the injured person was not what he appeared to be, and the results could have been tragic, notwithstanding the legal justification...hence the advice from some to be sure of the target. It's a great idea if it is possible to do so without assuming undue risk.

Another comment was to be sure of the backstop. Someone took the initiative to look at Google Maps and pointed out that the location was rather remote. However, in many locations, there is a risk of injuring or killing a innocent party. Assuming that the shooter was aware of that risk and exercised reasonable caution to minimize it in a shooting that was justified by having been immediately necessary, the legal consequence in most places would likely be limited to a civil judgment (lay opinion). However, that in itself could, of course, be devastating.

Others have pointed out that the guy said too much to the police. Maybe so, but just maybe, by saying that he would have shot at the fleeing intruders had his gun not jammed, he created a situation in which he was informed of the potential consequences of such action.
 
One can say he was in fear, but unless a shooter can provide evidence that a "reasonable person" would have believed at the time that deadly force was immediately necessary, he will have a problem, starting with instructions to the jury to not consider whether the use of force was justified.

I don't know where you are from but in these parts a defendant doesn't have to provide any evidence of anything whatsoever, at least in criminal trial. Of course everything is fair game in civil action where a preponderance of evidence is all that is required. The prosecution is required to prove that he was not in fear of his life. The "reasonable" requirement is the lifeblood of an attorney. I think it would take an Academy Award performance to convince a jury that a person should not be reasonably afraid when someone is kicking in their door. I suppose stranger things have happened.

I think I understand where you're coming from on most of this but some of it seems a bit like the line from the movie "Angels in the Outfield" "It could happen!!" Yes it's "possible" that it was indeed a nun selling cookies and lighting her up would indeed be tragic, but tragic and illegal are not necessarily the same thing.

As far as the backstop issue goes, any wrongful injury/death type statutes are almost always predicated with "knowingly and intentionally, recklessly, without regard to, etc.
I think it's going to hard to prove up those elements in a situation such as this.

Yep, he ran his mouth way too much. What's that about 15 minutes of fame?
 
To get back to the original questions asked, I would be satisfied but not happy with how things turned out. Following such an experience I would try to get in more practice (and possibly training) with my shotgun and look into the legality of deadly force in a self defense situation. Score one for the good guys.
 
hence the advice from some to be sure of the target. It's a great idea if it is possible to do so without assuming undue risk...Another comment was to be sure of the backstop.

If I may, allow me to clarify my remarks on this, as some seem to be misconstruing what was meant. First, the standard rules of firearm safety aren't meant to have any application to the legal aspects of this case. Castle doctrine may shield the defender here adequately from prosecution for the discharge of the firearm.

The rules of safety, if applied uniformly, prevent accidental death and injury.

Regarding the matter of backstop, there seems to be some misinterpretation to the extent that the defender's property is an issue. That's half of what was meant by reference to the rule. The other half is that there is a person with an arm snaking through the window. Without being able to determine who that person is, there is also an inability to gauge what is behind the person. A hostage? A police officer? A woman holding a child? Unknown. The backstop was unknown.

It's OK that the backstop was unknown from a legal standpoint. The defender will not face charges because no law was broken. But by not applying the rules of firearm safety, the defender risked an accidental shooting. The facts of this case as presented seem to reduce the possibility of this being an accidental shooting but the shooter took a chance by firing blind.

Firing blind is not High Road as I understand it. Pointing your gun at something and firing when you aren't sure of what you are going to hit is not good practice.
 
I don't know where you are from but in these parts a defendant doesn't have to provide any evidence of anything whatsoever, at least in criminal trial.

I strongly suggest that you consult with a local attorney who knows what he is talking about.

In "these parts" (Texas), deadly force is justified under certain circumstances and only under those circumstances, and whether those circumsances existed at the time will be determined by the evidence. If the evidence doas not support a finding of justification, but it does show that the shooter did in fact shoot someone, the shooter is in for a criminal conviction.

Now, you may well be correct that the defendant himself need provide no evidence of a forcible and unlawful entry into a home, because the evidence would be clear to investigators at the scene--but without that evidence, a defense of justifiability will go nowhere at all. The guy cannot just claim that he was in fear of his life.

I think it would take an Academy Award performance to convince a jury that a person should not be reasonably afraid when someone is kicking in their door.

That plus a wrong headed prosecutor. Actually, the law in Texas provides that the shooter's reasonable belief that an unlawful and forcible attempt at entry was taking place establishes a presumption that deadly force was immediately necessary. All that has to be done is to provide evidence that someone was in fact "kicking in" the door, or, failing that, that a reasonable person, knowing what the shooter knew at the time, would believe that such an entry was taking place. Best that something be broken, as in the case in question.

As far as the backstop issue goes, any wrongful injury/death type statutes are almost always predicated with "knowingly and intentionally, recklessly, without regard to, etc.

Reckless disregard will suffice--referring to civil suits, here.

I think it's going to hard to prove up those elements in a situation such as this.

The standard is a preponderance of the evidence rather than reasonable doubt, and it does not require a unanimous verdict.

In "a case such as this" (one shot from a shotgun in a rural area fired when immediately necessary in a justified self defense) it would most likely be a very long shot. In a densely populated area, multiple shots from a weapon with high penetration might be lead to something else again. In either case, an awful lot will depend on the jurors' sympathies for the plaintiff.

This white paper was intended for lawyers representing defendants in self defense cases. It is worth reading.

http://www.nacdl.org/public.nsf/01c1e7698280d20385256d0b00789923/f587d7d10c34fff2852572b90069bc3c?OpenDocument&Click=
 
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It's OK that the backstop was unknown from a legal standpoint. The defender will not face charges because no law was broken.

From the standpoint of criminal liability, correct, but there could be civil liability.

But by not applying the rules of firearm safety, the defender risked an accidental shooting.
Not to nitpick, but there is also the issue of negligence. Probably not criminal negligence, but again there is the issue of civil liability.
 
LLapin said:
Should we assume 'a duty to warn' as part of our plan for handling an event of this nature? If we have concluded that the ADEE model http://www.teddytactical.com/archive/MonthlyStudy/2006/02_StudyDay.htm is the one we should adopt, isn't a verbal warning- if there's time, of course- in keeping with that decision?

I would be completely against a "duty to warn." Duty implies obligation and the victim owes the perpetrator nothing. There may be times when it is expedient to warn, but I would no more enshrine such a duty than I would make it a victim's duty to retreat.

If the situation is such that warning can be given with extremely low risk to self and family, I would be more than willing. But, I will not tolerate a significantly increased risk to my self or my family to do so.

An example of where a warning would be appropriate might be if the intruder is holding my DVD player with both hands, headed toward an open exterior door. "Don't drop the DVD player, don't turn around, just keep on walking and never return."

Yes, the above example gives me & mine an likely insurmountable advantage if the intruder were to react violently. That is by design.

DogStar said:
The very worst thing that can happen is you announce your presence and are forced to shoot because the Bad Guy points a weapon in your direction (actually, the worst thing that happens is that you get shot and killed, but ideally you don't announce yourself until you've got your target in your sights and are in a position of advantage). The very best thing that can happen is your drunk friend says "Hey, don't shoot! It's me!", or the Bad Guy gets wise and runs away and you get to go to sleep without having injured, maimed or killed anyone.

Because, let's be realistic, the fantasy of violence is a lot cleaner and easier on the conscience than the real thing.

I think that you overly discount the gravity of giving up the initiative.

Action will be reaction most times. If you warn some goblin in your home, you have just lost the initiative and given it to the intruder. If that intruder is of the mindset to react rather than freeze, you are in big trouble.

If you are within arm's reach, there is an unacceptably large probability that you could be disarmed. I trained in such disarming techniques and assume others can do so as well.

If the intruder has a firearm, he need not be within arm's reach to seize the initiative, act, and kill/incapacitate you before you can react.

To sum up:
Though I have had training I am not so full of myself and my skill set that I think I can give the initiative away willy-nilly with no deleterious consequences. Since I am the primary defense standing between the goblin and my family, a course of action that needlessly exposes me to risk is unacceptable.

Again, this is most applicable to my own situation. The community is pro-self-defense, as are the laws & prosecutors. My household is a nuclear family with small children. We have no boarders and all other family lives elsewhere. Two other humans on Earth have keys to our house and both are cautious types not given to irrational behavior or drunken foolishness. If they were, they'd not have keys.
 
I would be completely against a "duty to warn." Duty implies obligation and the victim owes the perpetrator nothing.
I agree.

If the situation is such that warning can be given with extremely low risk to self and family, I would be more than willing. But, I will not tolerate a significantly increased risk to my self or my family to do so.
I agree with that, also.

I have prevented tragedy three times with the point of a gun; in two of those a verbal warning was necessary and appropriate, and in the other the sight of the gun was enough to cause the guy to run out.
 
If we have concluded that the ADEE model http://www.teddytactical.com/archive...2_StudyDay.htm is the one we should adopt, isn't a verbal warning- if there's time, of course- in keeping with that decision?
======================

There's no need to nitpick. I said what I said, and it's perfectly clear, as indicated above.

Now for any student of the "just can't wait to shoot my first scumbag" school of self defense, you have that option. It's your house and your gunfight.

But for anyone to imply that what I said in the quote above was some sort of directive to give away any tactical advantage to the increased peril of yourself and your family by issuing a warning under every circumstance... well, that's every bit as unreasonable AND unfair as to insist that what I said immediately above was an endorsement of murdering anyone who comes through the door.

And by the way, we still do not endorse blood lust in S&T.

lpl
 
I think part of the lesson here, and part of the reason why there are different viewpoints, is that

a) What is legal is not always ethical, and
b) what is ethical is not always legal.

There are a lot of legal things that will nevertheless cause you regret for all your days, and there are ethical things that might make you dead. Everyone has to make their own judgement.
 
Lee Lapin said:
Now for any student of the "just can't wait to shoot my first scumbag" school of self defense, you have that option. It's your house and your gunfight....And by the way, we still do not endorse blood lust in S&T.

A reading of my posts will show a grab bag of exceptions, cautions, and repeated acknowledgments that others in other circumstances may have guidelines better suited to their circumstances.

The quoted bits above are, ah, unexpected and unwelcome considering the rest of the posters in this thread have abstained from personally disparaging remarks.

Lee Lapin said:
There's no need to nitpick. I said what I said, and it's perfectly clear, as indicated above.

No, your point is not perfectly clear and is made only marginally more clear if one mashes the link you provided, which yields the following bit of ambiguity on the ADEE model:
Code:
IV.               AOJ  V. ADEE

A.       AOJ

<AOJ-related material cut>

B.        ADEE

1.      A model more appropriate to the non-duty sworn Practitioner who is compelled through necessity to confront a VCA involves avoidance, disengagement escape and evade.

2.      This model is useful as a tactical strategy and as a framework through which to describe the objective circumstance that lead to the subjective conclusion that the use of force was necessary.

That's it on that page for ADEE. Plenty of other useful data, but slim ADEE pickings.

After sniffing around on the teddytactical.com site, perhaps you meant to link to this page (http://www.teddytactical.com/Redesign/Study/2005/03_StudyDay.html) which contains the following bit on ADEE:
Code:
c)     ADEE

i)        Avoid

(1)  Avoidance, General

(a)  Stay away from stupid places, where stupid people congregate, doing stupid things.

 

(2)  Avoidance, Specific

(a)  Do everything possible to avoid a confrontation with a specific person.

 

ii)      Form a restraining judgment.

(1)  The approach of a VCA means he is evaluating your fitness to serve as his target.

(2)  You should engage in behavior that encourages him to redefine the circumstances and form a restraining judgment about continuing to see you as a viable target.

(3)  This generally, only works in instrumentally motivated VCA.

(4)  Remember he may be instrumental/expressive in motivation.

(5)  Remember his life long learning pattern and use conduct he will recognize.

(a)  Be breath taking in your effrontery.

(b)  Ask direct questions designed to give you the information you need to make decisions.

i.        1/ Are you trying to block my way?

ii.       2/ Are you armed?

iii.     3/ anything other than an immediate and direct denial should be taken as a “yes”.  Perhaps a qualified “yes”, but a “yes” nonetheless.

 

(c)  Be charming, polite and comfortable in your delivery.

(d)  This puts him on notice you recognize him for what he is and are not uncomfortable with the situation.

(e)  Anxiety, arrogance and hesitation embolden him.

(f)    Relaxed courtesy raises his anxiety and does not give him an excuse to shift to expressive motivation.

(g)  If he expresses rage at your questions, remember he is probably looking for an excuse to shift to expressive motivation.

(h)  Apologize as you are moving from the area.

 

(6)  Remember this is a negotiation using interactive interpretation.

(7)  Each of you is trying to gather information about the other in real-time to decide what the next course of action will be.

(8)  Each of you is trying to form a restraining judgment in the other.

(a)  His purpose is to lengthen your response time so his action beats your reaction.  He is trying to get you to disbelieve the available evidence.

(b)  Yours is to keep your action (not reaction) time intact as you gather sufficient information to confirm his intentions.  Your action is pre-loaded.

 

iii)     Disengage

(1)  Disengagement occurs simultaneously, if possible, with the restraining judgment formation technique.

(2)  It is repeated at each stage from then until the action is terminated.

(3)  Re-engagement by the VCA is interpreted as evidence of continued intent.  It is a fundamental element of establishing necessity.

(4)  Be certain your disengagement can be done in relative safety and does not expose you to more danger than you presently face.

 

iv)    Escape

(1)  Be aware of the possibility that the initiator VCA has cohorts assisting him.

 

v)     Evade

(1)  Vacate the venue.


A fine set of guidelines I find myself in near total agreement with, but the ADEE model is of very limited applicability to a home defense encounter. Oh, one could try to jam the square home defense peg into the round ADEE hole, but a model predicated on encounters out & about rather than HD is going to show up its inadequacies pretty quickly.(1)

So, I disagree that "...the ADEE model http://www.teddytactical.com/archive...2_StudyDay.htm is the one we should adopt..." for HD encounters.

Lee Lapin said:
But for anyone to imply that what I said in the quote above was some sort of directive to give away any tactical advantage to the increased peril of yourself and your family by issuing a warning under every circumstance... well, that's every bit as unreasonable AND unfair as to insist that what I said immediately above was an endorsement of murdering anyone who comes through the door.

Maybe so, maybe so, especially if you would include space, distance, construction, location of family relative to goblin, & other circumstances when you write "if there's time."

The use of the word "duty" is then problematic, given your elaboration and further qualification...which answers the very question you posed. ("No, we don;t have a 'duty to warn.'")

For my own part, your post is not the only one I responded to. DogStar seemed not to appreciate the gravity of loss of initiative and the majority of my verbiage addressed this.











(1) Here's a go at "ADEE for HD," giving it the benefit of the doubt and most the breaks.

AVOID
Breakout your wings and get your "white flight" on. More accurately, make low crime rates the primary requirement when seeking one's home, thereby avoiding crime to some extent. Very "Sun Tzu"-like, in that victory is sought before the confrontation and "victory" can be a confrontation avoided. So, the "A" in "ADEE" is of utility for the HD encounter in the sense that it results in a lower likelihood of an encounter.

DISENGAGE
For HD, this will require action/compliance on the part of the intruder. As long as the goblin is in the house/on the property, there is engagement. A show of force or verbal warning on the part of the home owner may suffice to initiate the goblin's disengagement, but this is not something the homeowner can press. It is entirely up to the morale of the goblin. Also, this is assumed home defense, not home offense, where the homeowner chases downthe street after a fleeing goblin. From reading the teddytactical resources, "Disengagement" is an action attempted by the victim. All in all, of limited utility as part of a HD model.

ESCAPE & EVADE
May be an option (or requirement depending on local law) for some, but just about worthless if you have young children. Any ambulatory goblin will outpace a parent or parents moving with young children. Period. E&E portions of model completely inadequate for HD if young children (or movement-impaired adults) are in the mix.

All in all, ADEE is a flawed model for HD and not something I would suggest after gving it some thought.
 
The use of the word "duty" is then problematic, given your elaboration and further qualification...which answers the very question you posed. ("No, we don;t have a 'duty to warn.'")

Unless I'm mistaken, the bulk of discussion wasn't that there is a "duty" to warn as such, but that there is a need to identify the person you are about to shoot. In the case study under discussion, this is a critical issue. What if someone were pounding on your door, very hard. Would you call out "who is it?" (or "identify yourelf," etc.) or would you put a few rounds through the door and then open it?
 
What if someone were pounding on your door, very hard. Would you call out "who is it?" (or "identify yourelf," etc.) or would you put a few rounds through the door and then open it?
I cannot imagine shooting someone trying to open my door without my speaking first, for two reasons: (1) if it is in fact an innocent person who is not too greatly impaired, tragedy may be avoided; (2) if a warning causes the intruder to leave, that's a better outcome than having shot someone, undergoing an investigation, and probably having your gun taken as evidence.

No second thoughts, no one with cause for retribution, just a bad scare....

In the case in Boulder, the shooter shouted at the intruder to go away, but the man was so impaired that it didn't do any good.

I cannot see how shouting at a man on the exterior side of a closed door would likely put the resident at increased risk.
 
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